'Modi-Thieves' Remark| Live Updates From Gujarat HC In Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case

Justice Hemant: What do you have to say on the lacuna he (Sr. Adv. Singhvi) raised?

Public Prosecutor Mitesh Amin: Those lacunas under 202 CrPC are not to be raised her before the HC seeking a stay on conviction. 

Public Prosecutor Mitesh Amin begins his argument. He argues that he has a right to argue in such a matter. He also argues that the law provides for a maximum of 2 years of punishment that can be awarded in such a case.

Senior Advocate Abhishek Singhvi for Rahul Gandhi  concludes his arguments.

Sr. Adv. Singhvi: They say that a week's time is enough in politics, here I am losing the right to contest for 8 years. Here, if the bullet is fired, nothing can happen. If the conviction is not stayed, I will be barred from contesting the election semi-permanently.

Sr. Adv. Singhvi: I am a legislator, I will lose your seat, even if the election is held, I can not contest. The consequences of non-stay on conviction are drastic and irreversible. 

Sr. Adv. Singhvi: You (Purnesh Modi) are a complainant, what is your concern with my (Rahul Gandi) disqualification? You are concerned with the sentence but why are you interested in my disqualification

Sr. Adv. Singhvi: The court decision on whether to stay the conviction or not is between the court and the accused, the complainant has no concern, and if they are heard, much weightage shouldn't be given.

Bench resumes hearing in the matter.

The bench now rises for lunch. Senior Advocate Abhishek Singhvi to continue his arguments post-lunch.

Sr. Adv. Singhvi: I call 'Yaji', a magical miracle man as he was not there in the complaint or list of witnesses and he suddenly appears after a long time stating that he had heard the speech.